Cecilia Wikström, rapporteur.– Madam President, allow me to start by thanking the entire team that has worked on this important dossier over a number of years and a special thanks, of course, to my own assistant and to the shadow rapporteurs and their teams, as well as for the excellent work by the Secretariat of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) and colleagues in the Commission. I have had the pleasure of working together with several very competent presidencies also and here a special word of gratitude needs to be expressed to the Luxembourg Presidency for their enormous efforts on this dossier, without which I doubt we would be standing here today.

Competitiveness is all about attracting excellent intellectuals from all over the world to come to the European Union and make their contribution in our different Member States. The excellent researchers, entrepreneurs and students of the world will help us develop the growing competitive business of tomorrow. In doing so, they will be the ones to bring economic growth, employment and social progress to our economies and societies. For far too long, this continent has crippled itself completely unnecessarily, imposing bureaucracy and hindering creative and productive minds that only want to make their contribution to our societies.

Let me give you some concrete examples. When we started working on this directive, my home country, Sweden, had a system where graduate researchers, doctors, engineers and others who had received a PhD from outside Europe were given 14 days to basically leave the country once they had completed their studies or their research projects. Instead of putting to use the knowledge and experience of these people whom we had helped to educate and had invested a lot of money in, we pushed them away and most of them went to other places in the world – to the US, to Canada and to Australia – and made their contributions to society there.

With the directive we are about to vote on tomorrow, all masters students, as well as researchers, will now have the possibility to stay up to nine months in the EU to apply for jobs or start a business after they have concluded their studies or research. The mobility regime for students will be greatly improved by the new directive. Students will be able to move from day one with a simple notification. Before, they needed a full application. As for researchers, mobility is also improved with the extension of short-term mobility up to six months, compared with three months before. The minimum time that students are allowed to work will also be increased from 10 hours to 15 hours a week.

Before the revision of the Directive, the entry into the EU of family members of researchers was previously fully discretional upon Member States and they had absolutely no right to intra-EU mobility and no right to access the labour market. The present proposals constitute a major step forward by ensuring that family members can easily accompany researchers to Europe and they are allowed to work. This is very important for the attractiveness of European universities when they are competing to attract the best minds from all over the world.

Finally, the scope of the directive will be increased. Trainees are now added as a mandatory category and European Voluntary Service volunteers are added as a mandatory category and au pairs as an optional category. It should be noted that this is actually the first time ever that we have granted protection to au pairs through an EU instrument. Before the review, unremunerated trainees were optional, they are now covered.

In these days when we talk mostly about migration – internal migration policy – I think it is especially important that we manage to conclude on a major dossier which promotes legal migration to the EU. We need far more of this in the days to come and I hope that we can continue to be ambitious in this regard. Thank you once again to everyone that has contributed to this great success.

PRESIDENZA DELL'ON. ANTONIO TAJANI Vicepresidente

Dimitris Avramopoulos,Member of the Commission.– Mr President, I would like to start by saying that I am really glad that we are finalising the revision of the Directive on students and research. Today I fulfil also my commitment that I gave you during the hearing one and a half year ago. This updated directive makes the EU more attractive for talents from abroad and, therefore, makes the European Union more competitive on the global scale.

I would like to express my thanks, in particular, to Ms Wikström and the shadow rapporteurs, who have done a fantastic job. Thanks to your excellent work we have managed to keep a really ambitious text.

The conclusion of the negotiations is important for several reasons. Firstly, we have clearly improved the immigration rules for students and researchers. Their rights are now more clearly defined. Secondly, intra-EU mobility rules have been improved so that knowledge and skills can circulate more freely within the European Union. Thirdly, students can now work a minimum of 15 instead of 10 hours per week, which means they contribute more to our economy and they can also be financially more independent.

With the new instrument, graduates and researchers have a right to look for a job or to set up a business once they have finished their studies or research. Finally, we now also have binding EU-wide rules for trainees and volunteers within the European Voluntary Service. In parallel, for the first time we will also have common rules for third—country national au pairs, though only optionally.

Let me also underline that the agreement sends out important messages in these challenging times. First of all, we welcome talent from outside of the European Union to come to us to study, carry out research, learn or volunteer. Those who would like to stay longer to work or to create a business are invited to do so. Equally importantly, we show that the EU sticks to its commitments to improve legal migration routes.

Understandably, a lot of focus is now on the refugee crisis and people seeking protection. But migration is not just about asylum. It is also about mobility and empowerment, and facilitating that through legal channels. This is an important part of our overall migration policy and we deliver, as promised.

Overall, could we have done better? Yes, there is almost always room for improvement. The Commission, together with this Parliament, has insisted throughout the negotiations that Member States’ discretionary powers with regard to rejecting an application may only be used when strictly necessary and, of course, justified.

We made it clear in our joint statement to the political compromise that such discretionary power by the Member States should only be used on a case-by-case basis. It should take into account the specific circumstances of the third—country national and the principle of proportionality, and on the basis of evidence or serious and objective reasons. I can reiterate that the Commission will ensure that Member States implement this provision in line with this interpretation when transposing the directive and will inform Parliament and the Council thereof.

Today Europe attracts 45% of international students worldwide but the international higher education landscape is changing rapidly. Such students and researchers are an asset and a contribution and I welcome the agreement on the revised EU rules to facilitate that contribution even more.

Anna Maria Corazza Bildt, on behalf of the PPE Group.– Mr President, the PPE Group also very much welcomes this agreement. Europe needs to be attractive in the global competition for talents. We have a knowledge—based economy and facilitating the entry of researchers, students and unremunerated trainees to bring their skills to Europe is important to sustain European growth, innovation and jobs. We need to train, develop and keep talents in Europe to match the needs of our companies, our academic institutions, our universities and other research institutions.

The PPE goal has been to have a system that strikes the right balance between facilitating access and, at the same time, preventing abuse. I am glad that we have reached our goal. With this directive we move from cumbersome, long, fragmented procedures to common, clear and simple rules across Europe. We are cutting red tape, we are providing legal certainty. One of the main achievements is the intra—EU mobility, the possibility for students and researchers to continue their activities in another Member State without having to leave Europe and reapply again for entry. This will, of course, encourage cross—fertilisation, exchange of knowledge, people—to—people contact and also the possibility to finalise research projects or degrees.

Let us be clear. This directive is not about letting more people into Europe. The rules are clear. Member States will continue to decide how many entry permits are granted and they will also have the possibility to do labour market checks when deciding on admission. This is not about students and researchers taking European jobs. On the contrary, it is about them contributing to creating jobs in Europe. So students and researchers will be given the possibility to work, but the rules of the labour market will remain national. Applicants for admission have to clearly show that they are able to support themselves and they are not living on social benefits. I hope that this big achievement will not be undermined by populist rhetoric.

Jean Lambert, on behalf of the Verts/ALE Group.– Mr President, I would like to add my thanks to our rapporteur for the work that she has done on this, and just say a word to the previous speaker: I would agree with a lot of what you have said, but I do not think we are necessarily making a choice here – by restricting the rights of some, you do not necessarily expand the rights of others. I think this is an important piece of legislation, and I think it is important not only for the individuals concerned or for the institutions with which some of them may be studying or working, but it is also an important part of a soft foreign policy. Some of the questions raised here today about the difficulties of access – about the feeling that you are not actually wanted as a student or a researcher in the European Union – have been raised with a number of us during many of the delegation trips that we have travelled on to various third countries.

I also want to say that I welcome the Commission’s statement in terms of its interpretation of transposition, about rejection being based on a case-by-case basis, because I think that is really important. I, too, on behalf of my Group, welcome the improvements within this directive in terms of reducing a number of the barriers and the difficulties that people have faced. While we were working on this report, we came across cases of people who had not been able to take up research positions because they had waited so long for various permissions. That not only affected their lives, but the research projects on which they were coming to work.

We also welcome the possibilities of having greater opportunities to finalise your research if there have been particular problems during the course of it, and of course the questions about families being able to stay together is also extremely important. For volunteers, the question about this possibility to develop intercultural understanding, we see the exchange of expertise, too, as crucial for strengthening civil society – such an important part of any democracy.

Jonathan Arnott, on behalf of the EFDD Group.– Mr President, this debate is about rules for people coming from outside the European Union into the European Union, whether for studying, for research, for training, for voluntary work, to become an au pair or for an educational project. Quite often this kind of migration actually does have a positive impact on society, so I am not going to stand here and argue that international students coming to the UK, paying fees to British universities, helping some of the top universities in the world to survive, is in any way a bad thing. In fact, in a lot of ways I would rather have non-EU students than EU students coming to the United Kingdom under the current rules, because we actually get a rather rough deal when the British Government gives EU students loans which are often not repaid.

So what is the problem? Well, although people coming to the UK to study can be a good thing, it is also a decision that we should take as the British people ourselves, based on common sense and thinking about what we need for our colleges and our universities and what is right for the United Kingdom. This EU nonsense, expecting us to extend these changes not just to those who wish to study or do research here but also to their families and also for an additional 18 months after the course of study is completed, is likely to result in something approaching a free—for—all.

At the moment, we in the UK do have an opt—out, so the side in the British referendum campaign which is currently busy claiming that Brexit will lead inexorably to World War III are going to be the ones that will accuse me of scaremongering. But an opt-out is only an opt-out until some bright spark decides that they want us to opt back in. After that, it is too late, because of the ratchet principle of the acquis communautaire in this Union. Maybe you trust David Cameron not to opt back in and maybe you trust Jeremy Corbyn, but watch the Labour Party in today’s vote, because if Labour votes for this today you can bet that any future Labour government would vote to opt us back in. So whenever we have an opt—out, you have to ask yourself: do you trust Cameron, do you trust Corbyn, and do you trust every future British Prime Minister? If you cannot say yes to all three, the bottom line is that by voting to stay in the European Union, you vote to risk handing over control of our immigration policy to Brussels.

Csaba Sógor (PPE).– Mr President, in the cut-throat global competition for highly skilled professionals, attracting and keeping talent from outside the EU is an ever—increasing challenge. Unfortunately, thousands of the best researchers and innovators have already chosen to head to the US, Australia or Canada, where they are welcomed with more favourable conditions.

Human capital represents one of the key assets to achieving smart growth. The Europe 2020 strategy has already recognised that to remain globally competitive and to meet its targets, Europe needs at least one million more research jobs. In this context, it is essential that we also attract highly skilled third country national students and researchers. This is why having a common set of rules on admission and residence requirements in the European Union would greatly contribute to increasing the attractiveness of the EU as a destination for talent. I think that the agreement reached on the final text, by reducing administrative red tape and allowing increased intra—EU mobility and access for students to our labour markets by preventing attempts to abuse that system, will bring us one step closer to attracting the best and brightest minds to our economies.

Seán Kelly (PPE).– Mr President, I think this is an excellent proposal. The European Union rightly prides itself on being the biggest donor in humanitarian development aid in the world and we bring in migrants who are fleeing persecution, etc. But, on the other side of the coin, we actually deny ourselves the opportunity of helping the most talented people who, by coming here, can add value to what is happening in Europe and when – or if – they go back to their own country, they will add huge value back there in due course.

So this is a very sensible proposal. If you want to be the best, you must attract the best, and this is the best way of doing it: helping researchers, students, volunteers, etc. These are people with talent who can make a difference, and having them all together and creating an opportunity that creates jobs in itself and makes progress and innovation is a great idea.

(Fine della procedura catch-the-eye)

Dimitris Avramopoulos,Member of the Commission.– Mr President, I do not need to repeat why it is really important that we have agreed to revise and update EU rules on foreign students and researchers. As the context on migration and mobility evolves, it is understood that so should our rules and policies.

The agreed text is a very important element of our overall migration approach. It sends the important signal that the European Union is a globally competitive and welcoming destination for much—needed students and researchers from abroad. At the same time, it provides for a clear legal framework which does not mix up other categories such as asylum seekers or refugees, and it does not touch on Member States’ competences to grant access to the labour market. This agreement is ambitious and balanced and will allow Europe to attract more talented students and researchers in the future who can contribute to our societies and to our economies.

As many of you have insisted on this, I will repeat that the Commission has insisted, together with you, that Member States’ discretionary powers with regard to rejecting an application may only be used when strictly necessary and justified, and we will of course be monitoring this. As I mentioned earlier, let us not forget that migration and mobility are also about empowerment, creativity and socio-economic development.

COMMISSION STATEMENT

Joint declaration by the European Parliament and the Commission on the grounds for rejection (Article 20)

The European Parliament and the Commission understand point (f) of Article 20(2) of this Directive as allowing Member States to reject an application only on a case-by-case basis and taking into account the specific circumstances of the third-country national and the principle of proportionality and on the basis of evidence or serious and objective reasons. The Commission will ensure that Member States implement this provision in line with this interpretation when transposing the Directive, and will inform the Parliament and the Council thereof, in the framework of its obligations under Article 39.

The European Parliament and the Commission consider that the inclusion of this provision in this Directive should not constitute a precedent for future legal migration instruments.

Cecilia Wikström, rapporteur.– Mr President, we live in a globalised world where competitiveness between countries and continents is increasing. It is all about attracting the most skilled people: intellectuals, entrepreneurs and researchers. The EU must invest in intelligence, and this revised directive provides a lot of added value compared to the current directives. By improving the conditions for students and researchers, we are fostering growth and prosperity in the EU, and this is very much needed.

When we talk about migration today, we tend to talk about asylum migration, but asylum is just one part of the migration scheme. Legal migration is the second part, and this is one instrument of legal migration that is indeed needed. We need many more in order to strike the right balance between asylum and legal migration. Today’s achievement strengthens the academic status of European Union universities worldwide, it makes the EU more attractive, and it allows knowledge and excellence to flow more freely.

I am proud today of my team in this House. I am happy that this directive is one instrument that will foster growth and prosperity and give us hope for a better future, where entrepreneurs, innovators and researchers will help us to maintain our welfare all over the EU and also to increase and improve it. I am also happy that this is the first step in the right direction. There is much more to do, but we can do it and we can manage together.